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2018 (12) TMI 677 - AT - Income TaxPenalty levied u/s 272A(2)(k) - omission to deduct tax and filing of e-TDS returns within the stipulated time - delay of five years in filing the e-TDS statements - Held that:- The explanation of the assessee that there was no experienced person at Kotagiri and it had to engage somebody from Coimbatore for filing of return appears to be not a valid reason for not filing the TDS returns. When the assessee was required to deduct tax and file the statement as required under Section 206C(3) of the Act within the time prescribed under Section 200(3) of the Act, the assessee is expected to comply with the mandates of the Income-tax Act. Kotagiri is not far away from Coimbatore. It may not be required for the assessee to wait till an inspection was carried out by the TDS Wing of the Department. From the very fact that the failure of the assessee for not filing the TDS was found during the inspection of TDS Wing of the Department, it appears that the assessee has not taken any step for filing the returns. Under similar circumstances, the Punjab & Haryana High Court High Court in Central Scientific Instruments Organisation [2016 (8) TMI 508 - PUNJAB AND HARYANA HIGH COURT] has confirmed the penalty levied. - Decided against assessee.
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